Civil rights organizations roundly decried a June 27 decision by the Supreme Court which could effectively end birthright citizenship in 28 states.
“This ruling undermines the fundamental promise of the Constitution — that every child born on U.S. soil is equal under the law,” said George Escobar, chief of programs and services at CASA. Escobar’s organization, along with 22 states, several pregnant women and other civil rights groups are challenging President Donald Trump’s ban on birthright citizenship in a lawsuit known as CASA vs. Trump.
Trump’s issued the ban on his first day in office. Critics say the executive order violates the 14th Amendment.
”Today’s decision sends a message to U.S.-born children of immigrants that their place in this country is conditional. But we are not backing down. CASA will keep fighting until the rights of all our children are fully recognized and protected,” said Escobar.
Universal Injunctions
The justices did not rule on the merits of birthright citizenship. Instead, the Court ruled 6-3 that — while courts can issue injunctions to protect specific plaintiffs — they lack authority to block policies nationwide on behalf of everyone. This greatly narrows the scope of lower courts to act as a balance to the Trump Administration’s far-reaching actions.
Justice Amy Coney Barrett wrote the majority decision. “Traditionally, courts issued injunctions prohibiting executive officials from enforcing a challenged law or policy only against the plaintiffs in the lawsuit.”
“The injunctions before us today reflect a more recent development: district courts asserting the power to prohibit enforcement of a law or policy against anyone. These injunctions—known as “universal injunctions”—likely exceed the equitable authority that Congress has granted to federal courts. We therefore grant the Government’s applications to partially stay the injunctions entered below.”
Sotomayor’s Dissent
Justice Sonia Sotomayor delivered a scathing dissent. “With the stroke of a pen, the President has made a solemn mockery of our Constitution. Rather than stand firm, the Court gives way. Such complicity should know no place in our system of law.”
“No right is safe in the new legal regime the Court creates,” wrote Sotomayor.
The Court gave lower courts a 30-day window to determine how they would respond. After that time, states could refuse to issue citizenship documents to babies born after July 27, 2025, since no injunction would exist. This effectively means that the states who are not participating in the Casa vs Trump lawsuit could start to ban birthright citizenship in their state, until a final decision is issued.
Critics say this would result in a patchwork across the nation: birthright citizenship being available in one state, but possibly not a neighboring state.
Ban is Unconstitutional
John C. Yang, president and executive director of Advancing Justice|AAJC issued a statement condemning the ruling. “Birthright citizenship is a cornerstone of our constitution. The Administration knows they have little chance of winning on this issue.”
“Instead, they used the lives of millions of immigrants as a poker chip in an effort to curtail nationwide injunctions, which have been one of the best tools we have to hold this administration accountable for unlawful actions,” said Yang.
Monica, a pregnant mother named in the lawsuit, also condemned the Supreme Court ruling. “Hundreds of thousands of other U.S.-born children are in danger of not receiving U.S. citizenship. I know that every pregnant mother cannot file a lawsuit to make sure their children have U.S. citizenship – that is why I filed this lawsuit to not only protect my child’s rights, but the constitutional rights of all U.S.-born children of immigrants.”
14th Amendment Violations
William Powell, senior counsel at the Institute for Constitutional Advocacy and Protection noted his disappointment at the Supreme Court’s decision to narrow the injunction. But, he added: “Make no mistake: the executive order is unconstitutional, and nothing in the Supreme Court’s decision today calls that ultimate conclusion into question.”
“Even without a universal injunction, we will continue to litigate this case to ensure that every child born in the United States receives the citizenship that the Fourteenth Amendment promises them, regardless of their parents’ immigration status,” said Powell.
